What is the new EU bill and could it give UK ministers Henry VIII-type powers?
Ministers in Britain are planning a new bill that would bring into force a food and drink trade deal with the EU but also contain powers enabling the government to “dynamically align” with Europe.It would allow the UK to quickly implement evolving single market rules if it determines it is in the national interest, without having to face full parliamentary scrutiny.Keir Starmer has made it clear he wants the UK to go much further in terms of the economic relationship with the EU.A summit is planned for early summer with Brussels, which Starmer has stated he hopes will go further than the deal struck last year at Lancaster House that covered food and drink imports, as well as plans for emissions trading and electricity.To implement the food and drink deal, the government will introduce a bill with a so-called “dynamic alignment mechanism” that will allow the government to align UK standards as the EU evolves its own rules.
But it will also allow ministers to go even further – to make changes across the economy depending on what is negotiated with Brussels, without introducing a new bill each time.The bill itself will need to pass through parliament in the usual way, but once it is passed the government can use secondary legislation to make further changes.This is normal practice for many bills, but takes on a additional weight when it comes to Brexit rules.The changes are possible under so-called Henry VIII powers – named after a 1539 law that enabled the monarch to rule by decree – that allow ministers to approve laws without full scrutiny from parliament using secondary legislation.Parliament does get a vote on secondary legislation – it can either approve or reject secondary legislation, but cannot amend it.
In practice, secondary legislation is often just rubber-stamped without debate and often goes through “on the nod” without even a full vote.With a large Labour majority it should be easy in the Commons, although the Lords may cause disruption.The bill is expected in the king’s speech in May but details have yet too be finalised with the EU over the original food and drink detail, so the legislation is likely to run in parallel with those negotiations, adding an extra layer of complication.The Liberal Democrats may also seek to amend the bill to make it even more pro-EU, including introducing a customs union, which could lead to a Labour rebellion.Both the Conservatives and Reform have opposed the bill and have said they will seek to revoke it if they come to power.
The bill would give ministers huge powers to align with new EU rules without the need for a full vote in parliament,This would make the UK a more stable negotiating partner for the EU, which is wary after being bitten by the parliamentary antics of the Brexit years,Government sources have likened the changes to how many agencies, such as the Food Standards Agency, update their regulations without a vote on each issue – though they are given that power by legislation,Starmer has defended the plans, saying a closer relationship with Europe is “in the UK’s best interest”,But even pro-EU MPs may balk at handing the government, without full parliamentary scrutiny, important powers over sectors such as the automotive industry, defence, agriculture and pharmaceuticals that could have a significant impact in their local areas.
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